28
94.
Based on the foregoing, the Court considers that the investigation of the
extra-legal execution of Gerardo Vargas-Areco, and his alleged torture, was not
carried out in a manner that guarantees the rights set forth in Articles 4 and 5(1) of
the Convention, in relation to Articles 1(1) of said treaty, and Articles 6 and 8 of the
Inter-American Convention to Prevent and Punish Torture, to the detriment of the
relatives of the minor Vargas-Areco.
95.
Moreover, the relatives of the minor Vargas-Areco were victims of violation of
the right to personal integrity as a result of their own suffering. The facts of the case
reveal, as acknowledged by the State, that the relatives of Gerardo Vargas-Areco
suffered large psychological impact and endured a great deal of pain and anguish as
a direct consequence of the death of the minor Vargas-Areco and the State’s failure
to effectively investigate said death and the acts of torture possibly inflicted upon
him (supra para. 71(28)).
96.
In other cases, the Court considered that the right to psychological and moral
integrity of the relatives of the victims had been violated due to the additional pain
endured as a result of the specific circumstances surrounding the violations
committed against their beloved ones and from subsequent acts or omissions by
government authorities regarding to the incidents at issue here.41 In the instant case,
the relatives of Gerardo Vargas-Areco have long lived, and still today, feeling
uncertainty, frustration, anguish and powerlessness due to the lack of an adequate
investigation into the acts committed against the minor (supra para. 71(28)). Said
circumstances have caused a major alteration in the lifestyle of the victims and their
social and family relations, seriously impairing the lifestyle of the family as a group
and of each member individually. The assessment made by the relatives regarding
the facts of the instant case has already been described (supra para. 69.A.1 and
69.B.1).
97.
The Court considers that the non-fulfillment of the duty to investigate and
punish said death and the alleged acts of torture affected, after March 26, 1993, the
personal integrity of the relatives of the minor Vargas-Areco as mentioned in this
Judgment.42 Said circumstances constitute a violation to the right to personal
integrity enshrined in Article 5(1) of the American Convention, in relation to Article
1(1) of said treaty.
*
* *
Considerations of the Court in relation to Articles 8(1) and 25 of the Convention
98.
The purpose of this section is to establish if judicial investigation proceedings
in the instant case were carried out in accordance with Articles 8(1) and 25 of the
Convention, in relation to Article 1(1) of said treaty.
99.
Article 8(1) of the American Convention prescribes that:
41
Cf. Case of Montero-Aranguren et al. (Detention Center of Catia), supra note 4, para. 104; Case
of Ximenes-Lopes, supra note 3, para. 156; and Case of Baldeón-García, supra note 3, para. 128.
42
Cf. Case of Moiwana Community, supra note 7, para. 92 and 93.